How to Form an LLC in South Dakota: Steps & Fees

Putting a South Dakota LLC on the books takes one formation document, one state fee, and a registered agent who stays on file for the life of the company. The Secretary of State charges $150 to file online, and the yearly upkeep afterward is refreshingly short. Below: the exact form, the official numbers, and every step in order.

Our Formation Service: $199

Our team prepares your Articles of Organization and submits them to the South Dakota Secretary of State for $199, tracks the filing through to approval, and covers the agent role for your first twelve months.

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$199 + $150 South Dakota state filing fee = $349 due today

The South Dakota LLC, Briefly Explained

An LLC is a registered business entity that legally separates the company's debts and lawsuits from the owner's personal finances. Throughout South Dakota, LLCs are the small-business form of choice — light maintenance, real protection, simple taxes.

South Dakota LLC Filing Fee: $150 Online, $165 by Paper

The official South Dakota filing fee is $150 for Articles of Organization filed electronically. On paper it is $165, because the state adds a $15 paper filing fee. If your articles authorize series, the fee is $200 instead. The number comes straight from SDCL 47-34A-212, which reads: "Filing the articles of organization in the case of a domestic limited liability company, a filing fee of one hundred fifty dollars."

$199 is our filing service. The state fee is collected by South Dakota Secretary of State. Statutory RA service is included for year one, then renews at $99 per year.

Worth flagging while you are budgeting: the annual report fee rose from $50 to $55 (online) effective July 1, 2025, and South Dakota collects no state income tax and no corporate income tax.

Articles of Organization (Domestic Limited Liability Company)

South Dakota's formation document is the Articles of Organization for a domestic limited liability company, authorized by SDCL 47-34A-203. There is no form number; South Dakota does not number its business forms. Online filers use the Secretary of State's SOS Enterprise portal (sosenterprise.sd.gov), while paper filers download the state's PDF (the file is named llc-domestic-articlesoforganization.pdf) and mail it in with the higher $165 fee.

E-filing is both the cheaper path ($150 versus $165) and the quicker one, since mailed documents wait on postal time and manual handling. Processing beyond that depends on the Secretary of State's current queue.

How to Form a South Dakota LLC: The Official Steps

1. Settle on a compliant name. Include an LLC designator (LLC, L.L.C., or the full Limited Liability Company) and make sure the name is distinguishable from every entity already in the Secretary of State's records. The state's online business search settles availability in a minute. Words suggesting banking, insurance, or a government tie are restricted unless you hold separate approval.
2. Name a registered agent. Every South Dakota LLC must continuously maintain an agent with an actual street address in the state, per SDCL Ch. 59-11. Whatever you list becomes public record. Our RA service puts our address in that public slot instead of yours; when we organize the company, there's nothing to pay until its first anniversary, and each renewal after is $99.
3. File the Articles of Organization with the South Dakota Secretary of State. This filing creates the company. It lists the LLC's name, the principal office address, the agent's name and street address, the management structure (member-managed or manager-managed), and the organizers. File online for $150 or on paper for $165.
4. Write the operating agreement. South Dakota does not collect one, but banks and co-owners will expect it, and it decides ownership, distributions, authority, and exits. Without one, the default rules of the LLC act fill the gaps in ways you may not like.
5. Register for the LLC's EIN. The IRS issues EINs free at IRS.gov in about ten minutes, and you will need one for banking and payroll. Paying a third party for this step buys you nothing.
6. Keep up with ongoing obligations. Hold an active registered agent at a South Dakota address at all times, file the annual report during your anniversary month each year ($55 online, $70 by mail), keep business and personal finances separated, and stay current on taxes. Fall far enough behind and the Secretary of State can administratively dissolve the LLC under SDCL 47-34A-809, taking the liability shield with it until you reinstate.

Want us to handle it? One $199 payment and we file the South Dakota LLC for you.

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$199 + $150 South Dakota state filing fee = $349 due today

Registered Agents in South Dakota

The South Dakota agent requirement is unconditional: every LLC, every day, agent registered. The agent must:

• Hold a physical street address in South Dakota (PO boxes don't count on their own)
• Agree to the appointment, since listing an agent on the Articles affirms that consent
• Deliver legal mail and state notices fast enough to preserve the LLC's response time

Many founders self-appoint as agent, not realizing the address becomes public. Everyone with access to South Dakota Secretary of State's public entity database can see it.

Our South Dakota agent plan costs nothing for the first year after a formation with us, then $99 annually. The public sees our address; yours stays out of sight.

Common Questions

How much does it cost to form an LLC in South Dakota?

The official state filing fee is $150 online or $165 on paper, paid to the South Dakota Secretary of State, rising to $200 if the articles authorize series. The annual report afterward is $55 per year online.

How long does it take to form an LLC in South Dakota?

Online filings go through immediately, according to the Secretary of State, and the certificate can be downloaded as soon as payment processes. Mailed paperwork usually takes a business day or three.

Does South Dakota require an annual report?

Yes. It comes due during your anniversary month each year, at $55 online or $70 by mail.

Do I need a registered agent for my South Dakota LLC?

Yes, the agent rule applies to every South Dakota LLC: a designated agent based at an in-state address. From formation through dissolution, the agent must remain registered.

Can I form an LLC in South Dakota if I live in another state?

Yes. Non-residents can form South Dakota LLCs without any extra steps. (the one state-specific item is the South Dakota agent — our agent service is the answer, its opening year at no charge when we form the LLC.)

Start Your South Dakota LLC the Right Way

DIY filing remains an option through South Dakota Secretary of State at South Dakota Secretary of State's filing website. $150 is the state's portion, a registered agent must still be on file.

Use our registered agent service and put our information on the formation document. Pricing is zero until your LLC's first anniversary (if we formed it), then $99 per year. The service puts our South Dakota address on the public-record entry, sends scans the day documents arrive, and emails you before every filing deadline.

Order Here
$199 + $150 South Dakota state filing fee = $349 due today

Want the agent service without the LLC formation? Our agent service on its own is $99/year.

Got other questions about South Dakota LLCs or how the agent service works? The FAQ covers most of it; otherwise contact us.